were
completed subsequent to the constitution of the present election
committee. Evidently, the election processes were undertaken twice
already. After adhering to such processes ... interruption of the process
of election for one or other reason, the entire election processes are
required to be repeated, it might defeat the very
publication of Ext.P2 election
notification and the subsequent steps taken by the Returning
Officer, the election process had commenced and that
therefore ... trite that once election process has
commenced, the Courts should not entertain challenges
against such process and thereby stall the election process.
This
means of an election
petition. In view that the
preparation of electoral roll is part
of the election process and if there
is any breach ... appellants to
challenge the election of the
returned candidate, if aggrieved, by
means of an election petition before
the Election Tribunal."(emphasis
supplied
election notification
dated 12.10.2017. The petitioners have also sought for a
declaration that the election process conducted in the 4th
respondent Society is vitiated ... Rules by means of an election petition. The preparation
of electoral roll is part of the election process and if there is any
breach
entire process of
election. The Rules framed for election of specified Societies
are complete code in itself, providing for the entire process of
election beginning ... Rules by
means of an election petition. The preparation of electoral roll
is part of the election process and if there is any breach
election can continue thereafter from the
stage when it was stopped and there is no necessity to
start de novo the election process ... operative Election Commissioner and others' [I.L.R 2015
(2) Kerala 80], it is not an inflexible rule that an election
process which
election is already on and it is not proper or appropriate on the
part of this Court to interfere with the election process. The issue ... Therefore, I do not
propose to interfere with the election process now, and therefore,
the petitioners are entitled to get any relief as is sought
society, depriving the
petitioners from understanding the details of the election
process.
2. Heard learned counsel for petitioners and learned
Senior Government Pleader and perused ... once
a draft voters' list is prepared and election process starts, the
constitutional courts are not expected to interfere or meddle
with the election
trouble being caused by outsiders who
are not part of election process. According to the appellant, if
respondents 2 and 3 arrange video recording ... election process,
such trouble will be deterred to a large extent and we, therefore, see
that what has been sought for in the writ petition
completed in a peaceful atmosphere and if the election
process is disrupted by anybody, either insiders or outsiders, that has to
be dealt with ... such a situation, it is ordered that in the event the election
process is disrupted by anybody, it would be open to the Returning
Officer